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7.0 TERM AND TERMINATION OF AGREEMENT
This Agreement will commence on the date on which Licensee downloads Licensed Software (the "Effective Date")
and will remain in force until terminated.
7.1 Licensee might terminate the license at any time by removing the Software from the computer and destroying the
original Software and all copies.
7.2 Upon termination or expiration of this Agreement, Licensee must cease use of and destroy the Licensed
Software, any records or copies thereof and any related materials, and provide to db&w Bornemann und Wolf GbR a
written statement certifying that Licensee has complied with the foregoing obligations within thirty (30) days.
7.3 This license will automatically terminate if the licensee breaches any of the terms or conditions set out in this
license agreement.
7.4 Rights and obligations under this Agreement which by their nature should survive, shall remain in effect after
termination or expiration hereof.
8.0 DISCLAIMER OF WARRANTY
8.1 Licensed Software IS PROVIDED “AS IS.” ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
8.2 db&w Bornemann und Wolf GbR does not warrant that the operation of the Licensed Software will be
uninterrupted or error-free.
9.0 LIMITATION OF LIABILITY
9.1 IN NO EVENT SHALL db&w Bornemann und Wolf GbR BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING ANY OR ALL GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE
DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE LICENSED Software OR CONFIDENTIAL
INFORMATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT db&w
Bornemann und Wolf GbR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9.2 Notwithstanding the foregoing, any damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general damages), the entire liability of db&w Bornemann und
Wolf GbR and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the
foregoing shall be limited to the greater of the amount, if any, actually paid by you for the Licensed Software or U.S.
$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable
law, even if any remedy fails its essential purpose.
9.3 Licensee will hold db&w Bornemann und Wolf GbR harmless from any claims based on Licensee's use of the
Licensed Software for any purposes, and from any claims that later versions or releases of any Licensed Software
furnished to Licensee are incompatible with the Licensed Software provided to Licensee under this Agreement.
9.4 Licensee shall have the sole responsibility to adequately protect and backup Licensee's data or equipment used
in connexion with the Licensed Software. Licensee shall not claim against db&w Bornemann und Wolf GbR for lost
data, inaccurate output, work delays or lost profits resulting from Licensee's use of the Licensed Software.
9.5 Neither party will be liable for any indirect, punitive, special, incidental or consequential damage in connection
with or arising out of this Agreement, including loss of business, revenue, profits, use, data or other economic
advantage, however it arises, whether for breach or in tort, even if that party has been previously advised of the
possibility of such damage.
10.0 GENERAL TERMS AND INDEMNITY
10.1 Any action relating to or arising out of this Agreement shall be governed by German law.
10.2 Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the
prior written consent of the other party, except that db&w Bornemann und Wolf GbR may assign this Agreement to any
other company.
10.3 If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the
Agreement, which shall remain valid and enforceable according to its terms. In the event that it is determined by a court
of competent jurisdiction as a part of a final non-appeal able judgement that any provision of this Agreement (or part
thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in
accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and
effect and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision
found invalid or unenforceable, without being themselves invalid or unenforceable. The waiver of any breach or default
shall not constitute a waiver of any other right in this Agreement or any subsequent breach or default. No waiver shall
be effective unless in writing and signed by an authorized representative of the party to be bound. Failure to pursue, or
delay in pursuing, any remedy for a breach shall not constitute a waiver of such breach.
10.4 Licensee agrees that the Licensee shall indemnify, defend, and hold harmless db&w Bornemann und Wolf GbR,
and its respective officers, directors, employees, agents, successors, and assigns, from any damage, allegation, cost,
loss, liability, or expense (including court costs and reasonable fees for attorneys or other professionals) arising out of
or resulting from or in connexion with any breach or claimed breach of the terms of this Agreement or warranties
provided herein.
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